President Donald Trump has recently unveiled an executive order titled “Protecting the Meaning and Value of American Citizenship”, signaling his intentions on ending birthright citizenship in the United States.
This policy, which would take effect for babies born after February 19, aims to alter a long-standing interpretation of the 14th Amendment.
Here’s a breakdown of the issue and its potential impact:
What Is Birthright Citizenship?
Established by the 14th Amendment to the U.S. Constitution in 1868, birthright citizenship grants automatic U.S. citizenship to anyone born within the country’s borders. Originally designed to provide citizenship to freed slaves following the Civil War, the amendment also overturned the 1857 Dred Scott v. Sandford decision, which denied citizenship to African Americans.
The principle was reaffirmed in 1898 in United States v. Wong Kim Ark. In this case, the Supreme Court ruled that Wong Kim Ark, born in the U.S. to Chinese immigrant parents, was a U.S. citizen despite his parents’ non-citizen status.
Who Would Be Affected?
The proposed order would deny citizenship to two groups of children:
- Babies born to mothers unlawfully present in the U.S. and fathers who are not citizens or permanent residents.
- Babies born to mothers temporarily in the U.S. (e.g., on student, work, or tourist visas) and fathers who are also non-citizens or non-residents.
Even more, the policy exclusively recognizes biological parents of opposite genders, potentially excluding children of nonbinary or LGBTQ+ couples.
Consequences for Families
If implemented, the policy would create significant hurdles for many families. Newborns denied U.S. citizenship could face difficulties obtaining birth certificates, Social Security numbers, and passports, making access to services and international travel challenging. Families with undocumented or temporary immigration statuses may also face an increased risk of separation, as mothers could be deported shortly after giving birth.
Legal and Constitutional Challenges
Many legal scholars argue that this executive order contradicts the 14th Amendment, which has guaranteed birthright citizenship for over 150 years. While Trump asserts that his administration has strong legal grounds for the policy, experts believe the courts are likely to block the order.
The debate surrounding birthright citizenship is not new, but this proposed change has reignited discussions about immigration policies and their implications.
Broader Immigration Impact
This order is part of a broader agenda to reduce immigration and increase deportations. According to the Migration Policy Institute, ending birthright citizenship could result in 4.7 million undocumented individuals by 2050. A Pew Research study revealed that 250,000 babies were born to undocumented parents in the U.S. in 2016 alone, highlighting the extensive impact such a policy could have.
In a December interview, Trump emphasized his stance on keeping families together, stating that children born to undocumented immigrants would be deported alongside their families.
“Breaking up families isn’t what we want to do,” Trump said. “But if you want to avoid separation, the family has to leave together.”
The proposed changes to birthright citizenship remain a contentious issue, with legal and societal debates expected to continue as the executive order faces potential challenges in court.
